year. >> every time it's cold, i go to bed thinking about those people and wondering, you know, how is it that we still have deaths in this community? >> pajamas and a good sleeping bag and beanie cap. >> reporter: this marine vet usually sleeps in his car but he will be sleeping in the shelter for the next few nights. he says these days, homelessness can happen to almost anyone. >> homeless people doesn't mean necessarily that they want to be homeless like myself. i'm working but it's not enough to get meout of the situation. i'm not homeless because i'm lazy or a drunk. it's just my current situation that happen to come upon me. >> reporter: the shelter here in sunnyvale and throughout the rest of santa clara county, the two other shelters will be opening at 6:00. besides sleeping mats, homeless people will get a blanket and a towel and a hygiene items so they can clean up. this shelter is open through

march 31st. live in sunnyvale, len ramirez, kpix 5. paul deanno is track the cold weather. >> this is cold that will envelope the entire bay area working its way down the western seaboard where it is right now crossing through the oregon-california border. it will get here by tomorrow. tonight is not the problem. tonight we'll have temperatures near normal will the slight chance of showers. let's fast forward to tomorrow night and wednesday morning. a widespread freeze is likely anywhere north of the golden gate and north of vallejo. all those areas shaded in yellow under a freeze watch as soon as tomorrow night with lows in the mid-20s to the low 30s. everybody will be colder with a more widespread freeze watch thursday morning. let's put this into perspective. the coldest day all of last winter in oakland was 50 degrees. the coldest day this week will also be 50 degrees. the coldest day last winter in san jose was 49. this week, 50 degrees. and the coldest day in livermore last winter 46. this week, 48 degrees. some of the coldest stuff we have seen in nearly a year. details on how long it's going to stick around coming up.

>> thank you. a fight in san francisco's midmarket area quickly escalated to a shooting in broad daylight this afternoon. police say one person was injured in the area of market and jones streets just after 1:30. witnesses called 911 saying they heard up to 8 shots fired. the gunmen fled the scene and witnesses stayed with the victim until an ambulance arrived. san francisco police have made an arrest in the shooting death of a man killed while trying to sell a playstation 4. police think 21-year-old ronnie collins is behind the shooting that happened sunday afternoon near bayshore and jerrold avenue. police say the victim used a website to arrange the sale to collins. when the two met up, collins allegedly robbed and shot several times. cell phone video captured a violent bullying incident in one bay area high school. hairs pulled, punches are thrown as this group gangs up on a student. tonight school leaders are holding a special public meeting to try to put an end to this type of thing.

kpix 5's ann notarangelo with that story tonight. reporter: >> we don't want this to be a whisper campaign about what's wrong with west contra costa. >> reporter: the quiet at hercules high is a stark contrast to cell phone video from last month showing three girls assaulting a student who identifies as transgender. many of the kids say that was out of character for their school. >> i don't think it's bullying. i think it's just that one incident that happened. >> reporter: all the students involved are back in class. the district says there was disciplinary action but won't elaborate. it is still undetermined if the fight was over sexual orientation or something unrelated. but this mom says the kids themselves have made it clear this won't be tolerated. >> they just didn't like it at all. i guess it took away from their school society as a "cool school" as they say. >> reporter: but the fight spawned a call for a special school board meeting to evaluate its zero tolerance policy. >> we think if kids know that there are people watching them paying attention, that the behavior will change. >> reporter: the school board will give the district direction on how to confront

bullying and also examine the policies and programs already in place. >> we do take a very pro-active position on how do we educate our kids to really get along with other kids. >> reporter: they are also hiring a full-time compliance officer to make sure the antiviolence, anti-bullying efforts are carried out properly. they point to a 25% reduction in suspensions, districtwide, in the past few years. 185 students were suspended last year for bullying, the majority in middle school. while making gains, it's understood bullying will not be eliminated. >> can't fix it. it will be like those people who just keep it under the curtain. they don't talk about it. >> reporter: which is why district officials actually like cell phone videos. it makes it much more difficult to hide the ugliness that exists. in hercules, ann notarangelo, kpix 5. >> now, the district attorney's office says it does have this case but since it involves juveniles it will not comment

on whether charges will be filed. authorities are zeroing in on a suspect who stole a woman's belongings and cat and threw them into the san francisco bay. the cats died before they could be rescued from the cold bay waters. the incident happened last week near pier 14 in san francisco. take a good look at this video. this was taken at a san francisco hotel near the embarcadero. authorities say the man pictured here was identified by a witness as the person who threw the cats into the water. >> we're making progress. we have been getting calls from the public. we were able to -- my officers have been canvassing the area and got video surveillance. they have been looking at hours and hours and hours of surveillance down there at market street. they were able to find the suspect coming out of the hyatt. >> animal care and control says the suspect was spotted this afternoon on the embarcadero but was gone before officers could get there. from a strike to contract to court. bart's two largest unions could

file a lawsuit as early as this week. the bart board of directors voted to approve a contract last month but removed a provision that gave workers six weeks of paid family leave. bart says that clause was not supposed to be included. the unions dispute that and say what bart did is unfair and illegal. in other bay area headlines, protests over a planned parenthood clinic set to open tomorrow in redwood city. about 1600 people have signed a petition against it. some neighbors say they are against planned parenthood because of abortion and lower property values. the redwood city location will only provide medical abortions, not surgical ones. there's a push to create a park in honor of a 13-year-old santa rosa boy shot and killed by a sonoma county sheriff's deputy. sonoma county supervisors are set to meet tomorrow to talk about it. supporters of andy lopez have planted an oak tree near the spot where he was shot. he was carrying a plastic gun when deputy erick gelhaus shot and killed him in october.

a teenager set on fire because he was wearing a skirt returned to class today. luke "sasha" fleischman walked into maybeck high school three weeks after the incident. fleischman suffered burns on his legs and is still recovers. the 16-year-old boy who allegedly did it faces hate crime charges. the palo alto war veteran detained in north korea for more than a month is said to be in good health. the swedish ambassador visited 85-year-old merrill newman over the weekend and gave him his heart medication. newman told the ambassador he is being treated well. video was released friday of newman reading an alleged apology letter for crimes during the korean war. the obama administration is urging north korea to release new imagine and another american held there for more than a year. a new clue in the death of "fast & furious" actor paul walker. >> up next, the new security video that shows the fiery crash and it may help rule out one theory on what happened.

>> speed was a factor in the deadly train derailment in new york. what the engineer says was the problem. >> and the bay area woman is showing no love to southwest after she says the carrier kicked her and her service dog off a plane in oakland. ,,,,,,

friend on saturday. jeff ng has the tape and why it may s in new video of the fiery crash that killed actor paul walker and a friend on saturday. jeff nguyen has the tape and why it may prove the car walker was in was not drag-racing. >> reporter: new video obtained by omg insider shows the car crash that killed "fast & furious" star paul walker. you can see an explosion and smoke and flames shooting about 20 feet into the air after impact. today walker's half-sister visited the crash site. >> huge heart. it was never about him. it was always about those around him and his family is absolutely broken-hearted right now. >> reporter: the security video

was shot from a building across the street from the crash. it appears to show a solo car crash that may dispel the theory that the porsche gt walker was in was involved in a street race. >> i heard two loud noises. it sounded to me like a tire blew before the car hit the pole. >> reporter: walker was in a car belonging to a friend and business partner. at this point, friends who saw them drive off 20 minutes before the crash say they are not positive as to who was driving at the time of impact. yesterday walker's father could barely contain his emotions. >> i'm just glad every time i saw him i told him i loved him. he said the same thing to me. [ crying ] >> reporter: the two men had been working on a fundraiser for typhoon relief in the philippines. it is that selflessness that paul walker's family wants him to be remembered for. >> we would just ask that 30 people give the family private -- that people give the family privacy right now to mourn and in his honor and his name go

out and do something nice for somebody. >> walker was 40 years old and had a 15-year-old daughter. he was on break from shooting a 7th "fast & furious" movie. filming was supposed to resume this week in atlanta. investigators say that the train that derailed in new york city was going 82 miles an hour as it approached a curve with a speed limit of 30. the train jumped the tracks yesterday morning in the bronx killing four people. giant cranes lived the toppled cars and placed them upright today. a source says the engineer told responders that the brakes were not working right. the ntsb says it is not aware of a problem with the brakes. >> we know speeds and positions and power settings and brake application. we don't know whether the breaks went to zero pressure because of a valve change or because of train breakup. >> thousands of commuters are now relying on shuttle buses to get them around the derailment

site and into the city. ntsb investigators could spend up to 10 days at the scene. a bay area woman claims an airline discriminated against her and her service dog. >> it's been so hard just to try to come back from that. >> why she says they got booted off a southwest flight in oakland. >> it's one of the busiest shopping days of the year and it's also prime time for theft. how to protect yourself from cyber scammers. coming up. ,, ,,,,,,,,,,

animal to he res. new at 5:00 a bay area woman and her service dog kicked off a southwest airlines flight. she used the animal to help prevent seizures. kpix 5's brian webb is live at the oakland airport with why the crusade no to the dog. brian. >> reporter: liz, service dogs are part of the americans with disabilities act. about all you need to do to qualify your dog is to get a note from your doctor. but the note doesn't mean you'll make your flight. to say schuyler and her dog are in separable is an under statement. she gives the dog treatments and she gets help from the dog after a violent assault. >> it's been so hard to just to try to come back from that. [ crying ] >> reporter: so last week, skyler hoped to hop a southwest

airlines flight to visit family she hadn't seen in years and brought lux along as a service dog. they made it to their seat when the flight attendant said, they'd have to go. >> i was wearing a sweatshirt and sweatpants and didn't like the dog and me and two minutes later we were removed. >> reporter: she had the doctor's note but it didn't matter. the captain and crew have the final say. both passenger and dog were removed from the plane bringing on the one thing skyler hoped to avoid, a seizure. >> i had made it. i thought i had really made it and i was so happy. >> reporter: she insists her dog lux was only there to help her and wouldn't hurt anyone else. she knows the flight crew had the right to do what they did but believes what they did was wrong. >> i can't wear a badge on my forehead that says i have ptsd. so i have lux. >> reporter: southwest sent me a statement today saying in part that safety and customer service are top priorities and so they offered a refund to

skyler along with money for a future flight. live in oakland, brian webb, kpix 5. it could be a record- breaking day for fedex. the company is expected to move 22 million shipments today or about 125 packages per second double the average amount on a single day. shoppers are expected to send $62 billion online this holiday season. or not. consumerwatch, julie watts explains how to keep scammers from getting your cash and preventing legitimate retailers from taking too much of it. julie watts reports on the consumerwatch. >> reporter: it's the biggest online shopping day of the year but with every keystroke, unknowing shoppers could be opening themselves up to scams. >> scammers are active all year round but we see an influx and especially during this period. >> reporter: john fox of calpirg says scammers are chomping at the bit to trick consumers into handing over cash. for instance, beware of web searches. we reported last week that products that appear here in

google sponsored section are often more expensive in those listed farther down in the search results but scammers create fake sites to get your money. >> look at reviews for a website or product. >> reporter: always pay with plastic for protection from fraud or theft. your maximum liability in fraud is $50. >> debit cards don't provide the same protection. >> reporter: even legitimate online retailers are tracking your every move with cookies. if you are not careful that could cost you. >> retailers are trying to collect as much data as they can about us the consumers so they can figure out what the maximum amount we're willing to pay for their products are. >> reporter: as long as you're logged into any account they're tracking your habits and may charge you more than an anonymous user. so before shopping -- >> delete cookies. never sign into a website before they get a price quote. and try using other devices such as a tablet or phone perhaps even from a different location to see you may get a

different price. >> reporter: but no matter where you buy, always look for this, https, it indicates you're shopping on a secure site because if you are not careful, a cyber monday mistake could cost you long after the holiday season. now, you also need to be on the lookout for counterfeit merchandise. an operation called project cyber monday, u.s. customs officers say they have seized over 700 domain names from websites allegedly selling counterfeit goods. 'tis the season. for more information on cyber monday scams, head to kpix.com/consumerwatch. >> that counterfeit stuff even when you get it you might not be able to -- >> right. >> https. were you one of the millions who braved this black friday madness? according to the national retail federation, 141 million people went shopping over the holiday weekend. that's up 2 million from last year the total spending is

expected to top $57 billion. while that might sound like a lot, it's actually down about 4% from last year. that marks the first decline in spending since 2009 and it rattled investors today. stocks slid in the final hour of trading as weak holiday sales raised concerns about the state of the consumer. the dow jones, s&p and the nasdaq all ended lower. prepare to fire up the furnace while our temperatures go lower. it's coming. >> maybe an extra log in the fireplace. this is going to be some of the coldest stuff almost as cold as we had all of last winter. winter hasn't started yet. >> where's the rain! >> we're still not talking about rainfall. we are getting everybody but rain here. but this is not a rain story. this is a cold story. here's a peek outside right now post sunset beautiful city of san francisco from the pyramid looking toward the golden gate. we'll be enveloped with cloud cover overnight tonight. we'll be chilly starting tomorrow. so enjoy a somewhat mild evening. these are your current

temperatures. concord 59. oakland in the 60s. santa rosa at 59. san jose 58. san francisco clear skies for now. 54 degrees. did you feel it this morning? in gilroy, not one but two earthquakes, one was a 2.5 followed by a 3.7. they happened while you were sleeping between 1:30 and 2 a.m. today. two earthquakes just to the south-southeast of gilroy, no damage reported. overnight lows tonight, the cold does not get here tonight, slight chance of a shower tomorrow and the kids are walking to school. vallejo 47. oakland 48. redwood city 43. those are near normal with sunrise at 7:09. it is what happens after that, look at livermore. 73 yesterday. 68 for a high today. 54 tomorrow. 50 on wednesday! and look at thursday. a high of just 48 degrees. big changes are coming, that big change is on the other side of this blue line. it's the front separating air masses, right here is what we have going in early december which was mild. on the other side is a bona fide taste of winter direct from the arctic and it will cross the bay area tomorrow.

you'll feel it cold blustery tomorrow, highs only in the low to mid-50s. and then tomorrow night, here comes the freeze for the north bay. wednesday night here comes the freeze for the entire bay area except san francisco. this will likely be the coldest air we have had in nearly one year since after christmas last year. it's going to envelope much of the lower 48, nearly the whole country dealing with the cold but we'll get it starting tomorrow. slight chance of a shower as the front moves through tonight. freezing weather begins late tomorrow night wednesday morning. bottom line we'll get cold and stay cold for a while. san jose tomorrow 54 for a high. much cooler. sunnyvale 53. fremont 5 3. redwood city 55. blustery on the delta. antioch 53. fairfield 53. danville 52. pair of 5s for the city tomorrow. san francisco 55. kentfield 53. petaluma 53. and lakeport 51 degrees. look at these highs. wednesday and thursday, barely making it to 50! couple of showers move in friday and the saturday. we stay chilly but not as cold as night. and look at that, tomorrow's

mid-50s, the warmest day of the next week. this is going to be prolong 7 to 10 days of cold weather. cold for us. >> sure. >> right. >> perspective. >> yes. >> thanks. one man's plan to spread holiday cheer ended up backfiring big time. >> i didn't realize it would be this big. >> where he got the idea to toss out hundreds of bills to black friday shoppers. next. ,

check it out... this 29-year-old man decide a minnesota man's plan to spread holiday clear landed him in a bit of trouble with the law. >> check it out. this 29-year-old man decided to throw 1,000 $1 bills into the crowd at the mall of america on black friday. he says that after the rough year he had, which was getting divorced, losing hisby, he wanted to make the holidays -- losing his business, he wanted to make the holidays a little brighter for others. ♪[ music ] >> i saw that commercial on tv

where the guy was -- money glued him riding a motorcycle and money flowing off it and that's where i got the idea. >> that would be a geico commercial. unfortunately, the act of kindness got him a citation for disorderly conduct. the most likely he will have to pay a fine. >> i don't think the shoppers were complaining. traveling through airports can be stressful. but one bay area airport hopes to change that with help from some four-legged friends. starting tomorrow the san francisco spca will begin visiting sfo with certified therapy dogs known as the wag brigade reading vests that say pet me. the program aims to relieve stress for travelers and make traveling a little more enjoyable. >> every little bit helps. now for a look at what's ahead on the "cbs evening news." scott pelley is in new york with us tonight. scott? >> reporter: hi, allen and liz. great to be with you in the bay area. well, late today, we learned the remarkable speed that the new york commuter train was

going before it jumped the tracks this weekend killing four passengers and injure 60. we have three reports on that story tonight plus today, the healthcare website was supposed to be fixed. is it? we'll have that and more on the "cbs evening news" at 5:30, right after kpix 5 news. ,,,,,,,,,,,,,,,,,,

new at 6:00 tonight:

considered a frontrunner to replace oakland mayor jean and tonight, she i'm ken bastida in the kpix 5 newsroom. here's what we have coming up for you at 6:00 tonight. considered a front runner to replace oakland mayor jean quan, tonight she is officially in the race. what this city councilwoman is saying and not saying about her plans to better the city. how a bay area music program that's been silenced for years is revived thanks to a surprise discovery in a closet. we'll have those stories and much more tonight at 6:00. and why wasn't i at that mall, you guys, when that money was being thrown away. >> next time. [ laughter ] >> you would only spend it on us. >> obviously. >> not. "cbs evening news with scott pelley" is coming up next. >> and remember, the latest news and weather are always on our website, kpix.com. captions by: caption colorado comments@captioncolorado.com

>> pelley: tonight, much too fast. late today we learned the speed the new york commuter train was going before it jumped the tracks. jeff pegues, don dahler, and michelle miller are on the story. >> reporter: how scary were those few seconds? >> scariest moments of my life. >> pelley: today the health care web site was supposed to be fixed. wyatt andrews on how it's working. amazon experiments with delivery by drone. mark strassmann on the coming wave of pilotless planes. and jim axelrod introduces us to math genius john urschel who sure knows how to divide a defensive line. >> i feel like it's what i'm here to do. >> reporter: which one, the football or the math? >> both. capt captioning sponsored by cbs